summary
Introduced
01/27/2025
01/27/2025
In Committee
02/03/2025
02/03/2025
Crossed Over
Passed
Dead
06/16/2025
06/16/2025
Introduced Session
2025 Regular Session
Bill Summary
An act relating to community associations; creating s. 16.0151, F.S.; creating the Condominium and Homeowners’ Association Economic Crime, Fraud, and Corruption Investigation Pilot Program within the Department of Legal Affairs; providing the purpose of the pilot program; defining the term “corruption”; authorizing the department to contract with a private entity to achieve the program’s purpose; requiring the department to hire specified personnel under certain circumstances; authorizing the submission of complaints to the Office of the Condominium and Homeowners’ Ombudsman; requiring the ombudsman to review such complaints and take specified actions; providing powers of and requirements for the department relating to the pilot program; requiring that the pilot program be funded from the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund; requiring that the pilot program’s primary office be located in Miami-Dade County; providing for future repeal of the pilot program, unless reviewed and saved from repeal by the Legislature; amending s. 215.22, F.S.; exempting the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund from contributing to the General Revenue Fund; amending s. 718.111, F.S.; requiring the division to monitor condominium associations’ compliance with requirements relating to maintenance of certain insurance or fidelity bonding of certain persons; authorizing the division to levy fines and penalties for noncompliance; amending s. 718.1224, F.S.; conforming a provision to changes made by the act; creating s. 718.13, F.S.; requiring the division to establish a searchable, cloud-based database by a specified date which contains specified information regarding each condominium association in this state; requiring the division to establish rules and procedures for associations to report such information; requiring a condominium association to notify the division of any changes to the information listed in the database which is related to the association; requiring that the creation and administration of the database be funded in part by specified proceeds; amending s. 718.501, F.S.; requiring the division to forward complaints alleging fraud or corruption to the Office of the Condominium and Homeowners’ Ombudsman; making technical changes; amending s. 718.5011, F.S.; renaming the Office of the Condominium Ombudsman as the Office of the Condominium and Homeowners’ Ombudsman; amending s. 718.5012, F.S.; revising the powers of the ombudsman; making a technical change; conforming provisions to changes made by the act; amending s. 718.509, F.S.; conforming a provision to changes made by the act; making technical changes; amending s. 720.301, F.S.; revising definitions and defining terms; amending s. 720.302, F.S.; providing that certain parcels, including amenities or recreational properties governed by a recreational covenant, are exempt from ch. 720, F.S.; amending s. 720.305, F.S.; authorizing an association to levy fines for violations specified in the governing documents of the association; prohibiting fines from exceeding a specified amount; prohibiting additional fines from being levied for the same violation; prohibiting fines from being aggregated to create a lien against a parcel; authorizing parcel owners to attend hearings by certain teleconferencing methods; prohibiting an association from taking action related to alleged violations if the committee hearing the matter makes certain findings or takes no action on the violations; requiring that fines be reduced by a specified percentage if the parcel owner cures the violation within a specified period; authorizing an association to collect reasonable attorney fees and costs if the parcel owner does not cure the violation within a specified period; requiring that the fine due date be no earlier than a specified time period after the hearing on a violation; requiring an association to provide written notice to a parcel owner with specific information related to a violation; providing a parcel owner the right to a detailed accounting of any amounts due and owed by the parcel owner if the parcel owner submits a written request for such accounting to an association; requiring an association to produce such accounting within a specified timeframe; providing that an association’s failure to produce such accounting within that timeframe constitutes a waiver of any pending violations, fines, or penalties; requiring an association to apply payments in a specified order; prohibiting the accrual of attorney fees and costs after a parcel owner satisfies a fine; authorizing a parcel owner to request a hearing before an association to dispute the reasonableness of attorney fees and costs; amending s. 720.3085, F.S.; providing for the application of payments, in a specified priority, when a parcel owner fails to designate how such payments are to be applied; requiring that monetary judgment actions be brought in the same lawsuit as the claim of lien action against a parcel owner; making technical changes; conforming cross-references; amending s. 720.3086, F.S.; revising the requirement that a developer of a residential subdivision make available for inspection within a specified timeframe a complete financial report of certain expenses if an owner in the subdivision submits a written request to the developer; deleting a requirement that a developer mail, publish, or post such report to each parcel owner of the subdivision; conforming cross-references; amending ss. 336.125, 558.002, 617.0725, 697.07, 702.10, 718.116, and 720.303, F.S.; conforming cross references; making technical changes; reenacting ss. 626.854(19), 718.110(11)(f), 718.115(1)(f), and 718.406(6), F.S., relating to the definition and prohibitions of the public insurance adjusters, amendment of declarations, common expenses and common surplus, and condominiums created within condominium parcels, respectively, to incorporate the amendment made to s. 718.111, F.S., in references thereto; reenacting s. 723.0751(1), F.S., relating to mobile home subdivision homeowners’ associations, to incorporate the amendment made to s. 720.302, F.S., in references thereto; reenacting s. 617.0825(9), F.S., relating to board committees and advisory committees, to incorporate the amendment made to s. 720.305, F.S., in references thereto; providing an effective date.
AI Summary
This bill creates a comprehensive framework to enhance oversight, regulation, and transparency for condominium and homeowners' associations in Florida. The bill establishes a Condominium and Homeowners' Association Economic Crime, Fraud, and Corruption Investigation Pilot Program within the Department of Legal Affairs, which will investigate financial misconduct in these associations. The program can issue subpoenas, conduct audits, and refer cases for criminal prosecution if sufficient evidence is found. The bill also requires the creation of a cloud-based database by July 1, 2027, that will contain detailed information about each condominium association, including contact information for officers, management details, governing documents, budgets, and reserve studies. Additionally, the legislation modifies rules around association fines, tenant payments, and record-keeping, providing more protections for parcel owners and increasing accountability for associations. The bill introduces new provisions for handling violations, such as reducing fines if violations are quickly cured and establishing clearer processes for hearings and fee assessments. The pilot program will be primarily located in Miami-Dade County and is set to be automatically repealed in 2030 unless the Legislature specifically saves it from repeal.
Sponsors (1)
Last Action
Died in Regulated Industries (on 06/16/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2025/368 |
| BillText | https://www.flsenate.gov/Session/Bill/2025/368/BillText/Filed/HTML |
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